Legal Question in Employment Law in California

I am a Security Supervisor for a small Security company. When I was hired my manager told me that he wants his supervisors to check on their officers on there my days off and he would pay for overtime. I have been working here for 4 months and have recently started to check on my officers on my days off. I asked him if he will approve overtime for curtain days and time. He told he ," I am not sure if I can but you should do it anyways because you live so close. All of my other supervisors check on there officers for free" So basically he is telling me he wants me to check on them and not get paid for it, because all the other supervisors are doing it. That also puts my job secure in question, I know it is Illegal for somebody to conduct work related activity and not get paid for it. I want to know if I can Sue them for this , Also keep in mind I AM AN HOURLY EMPLOYEE I WORK MON-FRI 8:00 AM-4:00 PM I AM NOT SALARY.


Asked on 10/30/12, 11:26 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If you are requested to perform a service for the benefit of your employer, you should be paid for any service you provide. Your services do not come free of charge. Since you are an hourly (non-exempt) employee, you should be paid for all time you provide services for the employer. Just because your manager has gotten the other supervisors to work for free does not mean you should, as well.

Makes sure you are keeping an accurate record of the time you work. Document it, if possible. If the manager refuses to recognize the company's obligation to pay you for your time, take it up the chain of command. If you are fired for asking to be paid, as required by law, you have been wrongfully terminated. You can sue the company for that.

As for the wages, a lawsuit is possible but, depending on how much is at stake, another option is to file a claim with the California Labor Commission, Division of Labor Standrads Enforcement. The website is http://www.dir.ca.gov/DLSE/ . If the amount is large enough to make it worthwhile for an attorney to take, you can have the attorney file suit for non-payment of wages, overtime and any other labor law violations that can be found.

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Answered on 10/30/12, 5:05 pm


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